Severance v. Patterson
345 S.W.3d 18
Tex.2011Background
- Severance bought Kennedy Drive on Galveston Island West Beach in 2005; no easement existed on her parcel previously.
- A 1975 Hill judgment encumbered a public beach strip seaward of Severance’s property, but not Kennedy Drive itself.
- Hurricane Rita in 2005 moved the vegetation line landward, placing part of Severance’s home on either the dry beach or wet beach, potentially under public easement.
- Texas Open Beaches Act (OBA) defines public beaches by location and public right of use, and it clarifies when private land may bear a public easement.
- Luttes v. State established the public trust boundary at mean high tide; avulsion can alter land but not automatically extend public easement; the OBA was enacted to preserve public access without creating new rights.
- Republic of Texas land grants conveyed West Beach to private owners; subsequent state actions did not reserve public rights in those private parcels, influencing whether a public easement exists on pre-existing title.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does Texas recognize a rolling public beachfront easement? | Severance—easement migrates with vegetation line; public use rolls inland automatically. | Texas does not recognize a rolling easement absent proof of prescription or dedication; boundaries stay fixed unless proven otherwise. | No rolling easement recognized for West Beach; public easement boundaries do not migrate automatically. |
| Is such easement derived from common law or the Open Beaches Act (OBA)? | Rolling easement derives from common law/custom. | OBA governs enforcement and rights but does not create new rolling easements. | Rolling easements are rooted in common law; OBA codifies and enforces existing rights, not creation of new ones. |
| Would Severance be entitled to compensation if a rolling easement restricts or takes property after avulsive or gradual changes? | Property interests should be compensated when public easement restricts use. | No compensation for enforcement of pre-existing easement or for natural boundary movements; takings claim not stateside. | No compensation owed for enforcement of rolling easement conflicts; no taking under these facts. |
| Does the OBA create or diminish substantive private property rights in this context? | OBA expands public rights; private rights overly restricted. | OBA enforces public use without taking private rights; it preserves but does not create rights. | OBA does not create new substantive rights; it enforces existing rights consistent with common law. |
| What is the proper boundary between public and private land on West Beach after natural changes? | Vegetation/line movement expands public boundary. | Boundary remains mean high tide; dynamic boundaries require proof for new encumbrances. | Mean high tide boundary remains controlling; public easements do not automatically migrate to new dry beach land. |
Key Cases Cited
- Luttes v. State, 324 S.W.2d 167 (Tex. 1958) (established public trust boundary at mean high tide; wet beach public, dry beach private)
- Matcha v. Mattox, 711 S.W.2d 95 (Tex.App.-Austin 1986) (rolling/public easement history on West Beach; long public use cited)
- Feinman v. State, 717 S.W.2d 106 (Tex.App.-Houston 1986) (recognition of rolling easement concept; public use moves with coastline)
- Arrington v. Tex. Gen. Land Office, 38 S.W.3d 764 (Tex.App.-Houston 2001) (public easement moves with vegetation line; need proof for new areas)
- Seaway Co. v. Attorney Gen., 375 S.W.2d 923 (Tex.Civ.App.-Houston 1964) (historical public access implicit in West Beach title history)
- Moody v. White, 593 S.W.2d 372 (Tex.Civ.App.-Corpus Christi 1979) (public easement over dry beach; early recognition of public access)
- State v. Balli, 190 S.W.2d 71 (Tex. 1945) (public trust principles in coastal context)